Nelson & Booth attorneys at law

Appellate Practice and Procedure in Kansas
A Guide by the Law Offices of Nelson & Booth

Notice of Appeal

Kansas law provides that a notice of appeal be filed within 30 days after the date on which the entry of judgment is filed. The filing of the notice of appeal is the only jurisdictional requirement for appeals in Kansas and the date for appeal is set by the date on which the journal entry of judgment is filed. The Notice of Appeal is filed with the Clerk of the District Court.

When Judgments are Final for Appeal Purposes

K.S.A. 60-258 provides that entry of judgments are subject to the provisions and specifications of K.S.A. 60-254 and provides that no judgment is effective unless and until and journal entry or judgment form is signed by the judge and filed with the district court clerk. The date on which a judgment is final for purposes of running of the 30 day Notice of Appeal filing may be extended by the filing of a Motion for New Trial, a Motion to Alter or Amend Judgment and certain other motions as authorized by Kansas statute.

Docketing Statement Requirement

Within 21 days after the notice of appeal is filed, a docketing statement is required to be filed with the Clerk of the Appellate Courts in Topeka. This docketing statement sets out the basics of the appeal, including a summary of the pertinent facts, anticipated questions of law on appeal, and the applicable dates on which actions occurred in the trial court. This Docketing Statement is not jurisdictional and, therefore, if the docketing statement is not filed within 21 days after the notice of appeal, the court does not lose jurisdiction and the court may still, upon good cause shown, allow the appeal to proceed. The matters listed in the docketing statement are not binding on the parties, but are only for the summary information of the court so that the Court has a short summary about the nature of the appeal.

Documents to Include with Docketing Statement

At the same time the docketing statement is prepared, a request for transcript is prepared (if there is any relevant transcript to prepare) and is served on the appropriate court reporter. This request for transcript must be attached to the Docketing Statement, together with certified copies of any judgments from which appeal is made, any post-judgment motions requesting modification of that judgment, and any orders relating to those post-trial motions.

Time within which Appellant’s Brief Must be Filed

If a transcript is requested, the appellant’s brief is due to the court of appeals 30 days after the transcript is filed by the court reporter. If no transcript is requested, if there is no transcript to prepare because the appeal is simply on the written record, or if the appeal proceeds on an agreed statement of the parties, then the appellant’s brief is due 40 days after the docketing of the case. One extension of time on the brief is normally granted pro forma. The appellate courts will give a maximum of two extensions of time to each appellant and appellee.

Time within with Appellee’s Brief Must be Filed

The appellee (the person defending the appeal) will have thirty days after receipt of the appellant’s brief in which to file a response. T the appellee may obtain extensions of time in which to file that response. The appellee may also request various additional documents be added to the record on appeal if the appellee feels the record is not complete or if there are documents in the original district court file the appellee feels may be cited in the Appellee’s brief.

The Filing of a Reply Brief

Finally, upon completion of the appellee’s brief, the appellant will have an opportunity to file a “reply brief” to the appellee’s brief if there is new material contained in the appellee’s brief – that is, if there is argument that could not have been anticipated by the appellant in preparation of the original Appellant’s brief.

Placement by Court on Calendar

Upon completion of the briefing, the appellate courts determine whether the case presents issue of unique or “new” law and whether the matter should be set on the oral argument or “summary” docket (in which case the appeal is decided on the written briefs without additional input from the attorneys or the parties).

Presently, the appellate process (from the date on which the notice of appeal is filed until the filing of the initial decision of the appellate courts) is approximately 18 months.

Home | Biographies | FAQ | Links | Articles/Testimony |Services and Forms | Contact Us

Disclaimer | Copyright © 1999-2007 Nelson & Booth | Colophon

Last updated 03/21/2007